GENERAL ASSEMBLY OF NORTH CAROLINA SESSION SENATE DRS85392-RWfz-13* (04/11)

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1 S GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 0 SENATE DRS-RWfz-* (0/) D Short Title: Toll Road Enforcement/Authority Changes. Sponsors: Senator Jenkins. Referred to: (Public) A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR THE ENFORCEMENT OF TOLLS AT TOLL FACILITIES OPERATED BY THE NORTH CAROLINA TURNPIKE AUTHORITY AND TO MODIFY LAWS APPLICABLE TO THE NORTH CAROLINA TURNPIKE AUTHORITY, AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE. The General Assembly of North Carolina enacts: SECTION. Chapter of the General Statutes is amended by adding a new Article to read: "Article. "Toll Enforcement. " -00. Definitions. Unless the context requires otherwise, the following definitions apply to this Article to the defined words and phrases and their cognates: () Authority. The North Carolina Turnpike Authority acting directly or through its duly authorized officers or agents to collect tolls or fees for the use of any road, bridge, or tunnel designated as a toll facility. () Processing agent. A person or a public or private agency authorized by the Authority, responsible for the processing of the notices of unpaid tolls pursuant to this Article. () Toll enforcement officer. A person authorized by the Authority to review and issue toll evasion citations and penalties in accordance with this Article and the operating procedures of the Authority. () Toll evasion violation. The use of a toll facility without payment of tolls as set and established by the Authority.

2 General Assembly of North Carolina Session () Toll facility. Any road, bridge, or tunnel for which tolls or fees may be charged for the use thereof pursuant to Article H of Chapter of the General Statutes. " -0. Payment of toll on toll facility required. (a) A person shall not use a toll facility without payment of tolls as established in accordance with the operating procedures of the Authority. (b) If a vehicle is determined by automated or electronic imaging devices, visual observation, or otherwise to have operated on a toll facility without payment of a toll, the owner of the vehicle may be issued a notice of unpaid toll by the Authority, or a processing agent, within hours of the toll facility use. () The notice shall specifically set forth the following: a. The approximate date, time, and segment or segments of the toll facility or facilities used. b. The image of the vehicle registration plate when an electronic image is available. c. If practicable, the registration expiration date and the make of the vehicle. d. The amount of the toll and any processing fee due. e. The date payment is due and information regarding how payment may be made. f. A clear and concise explanation of the procedures for contesting the toll and appealing an adverse decision. () The notice shall be processed by officials or agents of the Authority, or a processing agent, and shall be forwarded by personal service or first class mail to the address given on the motor vehicle registration. () If accurate information concerning the identity and address of the registered owner of the vehicle is not available to the processing agent within 0 days of the violation, the Authority or processing agent shall have an additional calendar days to obtain such information and forward the notice of unpaid toll. () Where the registered owner is a repeat violator, the processing agent may forward the notice of unpaid toll within 0 calendar days of the violation. 'Repeat violator' means any registered owner that has had more than five violations issued pursuant to this section in any 0-day period within the preceding -month period. Notwithstanding this section, a law enforcement officer may issue a citation as appropriate pursuant to this Chapter to a repeat violator when the officer observes such individual immediately operating a vehicle, identified in five or more violations, on a toll facility. (c) If the owner fails to comply with the direction on the notice of unpaid toll by failing to pay the toll and any processing fee due or contest the toll within 0 days after the date the notice of unpaid toll is served or mailed, the owner shall have waived the right to contest the toll and may be issued a toll evasion violation citation subject to a civil penalty not to exceed one hundred dollars ($0.00) pursuant to G.S. -0. The Page S [Filed]

3 General Assembly of North Carolina Session Authority shall establish procedures for the collection of these penalties and may enforce the penalties by civil action in the nature of debt. (d) The owner of a vehicle shall be responsible for a toll unless the owner can furnish evidence that the vehicle was, at the time of the violation, in the care, custody, or control of another person. The owner of the vehicle shall not be responsible for a toll if the owner of the vehicle, within 0 days after the date of personal service or mailing of the notice of unpaid toll, furnishes the Authority or processing agent either of the following: () A sworn affidavit stating the name and address of the person or company who had the care, custody, and control of the vehicle. If the vehicle involved was, at the time, a long-term lease or rental, as defined in G.S. -., the affidavit must be supported with evidence that supports the affidavit that may include a copy of the written lease or rental agreement. () A sworn affidavit stating that the vehicle involved was, at the time, stolen. The affidavit must be supported with evidence that supports the affidavit, including insurance or police report information. () A sworn affidavit stating that the vehicle involved, at the time, had been sold or transferred by the registered owner, served to another person prior to the date of the alleged violation. The affidavit must be supported with evidence that supports the affidavit that may include a copy of the certificate of title or insurance information. (e) A toll evasion violation shall be deemed a noncriminal violation for which no points authorized by G.S. -(c) shall be assigned to the owner or driver of the vehicle nor insurance points as authorized by G.S. --. " -0. Processing fee. (a) Outsourcing. The Authority may contract for the processing of notices of unpaid tolls that remain outstanding hours or more after a vehicle operates upon a toll facility without payment of the toll. (b) Fee. For any unpaid toll that remains outstanding hours or more after a vehicle operates upon a toll facility without payment of the toll, the Authority may establish a processing fee to cover only the actual expenses related to collecting unpaid tolls, not to exceed ten ($.00) dollars. (c) Use. A processing fee is a receipt of the Authority and shall be applied only to the actual costs of collecting unpaid tolls. The proceeds must be credited to a special account within the Authority and shall be expended only as provided in this subsection. The proceeds of the fee shall not be used for any purpose that is not directly and primarily related to the collection of unpaid tolls. The Authority may use the proceeds for the purposes listed in this subsection. Any remaining fee proceeds shall remain in the special account until spent for the costs of collection of unpaid tolls. The Authority and the Office of State Budget and Management shall account for all expenditures from the fund using accounting procedures that clearly distinguish cost allocable to collecting unpaid tolls from costs allocable to other purposes and demonstrate that none of the fee proceeds are used for any purpose other than collecting unpaid tolls. S [Filed] Page

4 General Assembly of North Carolina Session (d) Application of Fees. The Authority may apply the fee proceeds for the following purposes: () To pay contractors for collecting unpaid tolls pursuant to subsection (a) of this section. () To pay for vehicle registration identifying services, not to exceed five hundred thousand dollars ($00,000) per year. () To pay for personal service, postage or other delivery charges for correspondence directly and primarily relating to collecting unpaid tolls, not to exceed five hundred thousand dollars ($00,000) per year. () To pay for toll collection operating expenses for the Authority's Customer Service Center, including employees, equipment, hardware, and software directly and primarily related to collecting unpaid tolls. " -0. Administrative adjudication. The Authority shall institute a nonjudicial administrative hearing procedures to review citations or penalties issued or assessed under this Article, said hearings which may be conducted by either the Authority or an Administrative Hearing Officer appointed by the Authority. The provisions of Chapter 0B of the General Statutes shall not apply to the Authority or its hearing officers. " -0. Judicial review. (a) The contestant may seek judicial review of the Authority or processing agency's final decision by filing a written notice of appeal to the district court, in the county where the alleged violation took place, within days after the mailing of the final decision by the Authority or processing agent. On appeal the standard of review shall be de novo. The contents of the Authority or processing agent's file in the case on appeal shall be received in evidence if the contents can be shown not to create an unfair prejudice toward the alleged violator. A copy of a toll evasion citation shall be prima facie evidence of the facts stated therein. A copy of the written notice of appeal shall be served upon the Authority or the processing agent in a manner consistent with Rule of the North Carolina Rules of Civil Procedure. (b) If no written notice of appeal of the Authority or Administrative Hearing Officer decision is filed within the period set forth in subsection (a) of this section, the decision shall be deemed final. (c) If the toll evasion penalty has not been deposited and the decision is adverse to the contestant, the Authority or processing agent may, promptly after the decision becomes final, proceed to collect the penalty under G.S. -0. (d) Vehicle registration shall be suspended pursuant to G.S. - for nonpayment of tolls, fees, or penalties assessed pursuant to this Article if the tolls, fees, or penalties remain unpaid months beyond the date a decision is deemed final pursuant to subsection (b) and (c) of this section. " -0. Toll evasion penalties. (a) A schedule of toll evasion penalties for toll evasion violations shall be established by the Authority, but shall not exceed the amount of the unpaid toll plus one hundred dollars ($0.00) per violation. (b) Toll evasion penalties under this Article shall be collected as civil penalties. Page S [Filed]

5 General Assembly of North Carolina Session (c) If the toll evasion penalty is received by the person authorized to receive the deposit of the toll evasion penalty and there is no contest as to that toll evasion violation, the proceedings under this Article shall terminate. (d) The amount of the unpaid toll shall be retained by or remitted to the Authority. The clear proceeds from the citations issued pursuant to this Article shall be paid to the Civil Penalty and Forfeiture Fund. For the purposes of determining the clear proceeds derived from the citations, the following expenses, not to exceed ten percent (%) of the civil penalty assessed pursuant to subsection (b) of this section, are authorized to be deducted from each civil penalty assessed pursuant to the provisions of subsection (b) of this section: () The cost of materials and postage directly related to the printing and mailing of a citation sent to the owner and, if necessary, the driver of the vehicle. () The cost of computer services directly related to the production and mailing of a citation described in subdivision () of this subsection. (e) The Authority may assess a collection assistance fee against the owner and, if necessary, driver of the vehicle under the following conditions: () The civil penalty has not been paid within 0 days after a toll evasion citation is issued including a statement that a collection assistance fee will be assessed if the penalty is not paid within said time period. A collection assistance fee shall not exceed twenty percent (%) of the civil penalty assessed pursuant to this section. () Collection assistance fees shall be placed in a separate fund that may be used only for the purpose of paying for the costs of collection expended to collect civil penalties that remain unpaid 0 days pursuant to subdivision () of this subsection. Amounts collected must be credited first to the payment of the civil penalty and then to the collection assistance fee. " -0. Use of information. No information obtained pursuant to this Article shall be used for any purpose other than to facilitate the enforcement of toll collections pursuant to this Article, unless required for law enforcement investigative purposes or otherwise ordered by a court of competent jurisdiction. " -0. Authority to enter into cooperative and reciprocal agreements. The Authority is authorized to enter into cooperative and reciprocal agreements with other states or their agents to receive and share vehicle identification information, including registered vehicle owner names and addresses and such other information necessary to facilitate the enforcement of toll collections with respect to nonresident vehicles." SECTION. G.S. - is amended by adding a new subdivision to read: "() The North Carolina Turnpike Authority has provided notice to the owner of a registered vehicle that is subject to unpaid tolls, fees, or penalties assessed in accordance with Article of this Chapter." SECTION. G.S. -(g) reads as rewritten: S [Filed] Page

6 General Assembly of North Carolina Session "(g) Alteration, Disguise, or Concealment of Numbers. Any operator of a motor vehicle who shall willfully mutilate, bend, twist, cover or cause to be covered or partially covered by any bumper, light, spare tire, tire rack, strap, or other device, or who shall paint, enamel, emboss, stamp, print, perforate, or alter or add to or cut off any part or portion of a registration plate or the figures or letters thereon, or who shall place or deposit or cause to be placed or deposited any oil, grease, or other substance upon such registration plates for the purpose of making dust adhere thereto, or who shall deface, disfigure, change, or attempt to change any letter or figure thereon, or who shall display a number plate in other than a horizontal upright position, shall be guilty of a Class misdemeanor. Any operator of a motor vehicle who shall willfully cover or cause to be covered any part or portion of a registration plate or the figures or letters thereon by any device designed or intended to prevent or interfere with the taking of a clear photograph of a registration plate by a traffic control or toll collection system using cameras commits an infraction and shall be fined under G.S. -.. Any operator of a motor vehicle who shall otherwise intentionally cover any number or registration renewal sticker on a registration plate with any material that makes the number or registration renewal sticker illegible commits an infraction and shall be fined under G.S. -.. Nothing in this subsection shall prohibit the use of transparent covers that are not designed or intended to prevent or interfere with the taking of a clear photograph of a registration plate by a traffic control or toll collection system using cameras. SECTION. G.S. -.(a)() reads as rewritten: "() To study, plan, develop, and undertake preliminary design work on up to nine Turnpike Projects. At the conclusion of these activities, the Turnpike Authority is authorized to design, establish, purchase, construct, operate, and maintain the following projects: a. Triangle Parkway.Parkway Expressway, including segments also known as NC 0, Triangle Parkway and Western Wake Freeway in Wake and Durham Counties. b. Gaston East-West Connector.Connector, also known as the Garden Parkway. c. Monroe Connector.Connector/Bypass. d. Cape Fear Skyway. e. A bridge of more than two miles in length going from the mainland to a peninsula bordering the State of Virginia.Virginia, pursuant to G.S...A. f. I-0 in Wake and Durham Counties. Any other project proposed by the Authority in addition to the projects listed in this subdivision must be approved by the General Assembly prior to construction. A Turnpike Project selected for construction by the Turnpike Authority shall be included in any applicable locally adopted comprehensive transportation plans and shall be shown in the current State Transportation Improvement Plan prior to the letting of a contract for the Turnpike Project." Page S [Filed]

7 General Assembly of North Carolina Session SECTION. G.S. -. by adding a new subsection to read: "(c) Notwithstanding any other provisions of law to the contrary, all moneys received by the Authority shall be deemed to be trust funds to be held and applied solely as provided in this Article. The resolution authorizing any obligations or trust agreement securing the same may provide that nay of such moneys may be temporarily invested pending the disbursement thereof and shall provide that any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes hereof, subject to such regulations as such resolution or trust agreement may provide. Subject to any such regulations in a resolution or trust agreement, any moneys received by the Authority and available to the Authority may be invested by the Authority in any investments permitted by G.S. -0, except that for purposes of G.S. -0(b) the Authority may deposit moneys at interest in banks or trust companies outside as well as in this State, as long as moneys on deposit outside this State are collateralized to the same extent and manner as if deposited in this State." SECTION. G.S. -. reads as rewritten: " -.. Laws applicable to the Authority; exceptions. (a) Motor Vehicle Laws. The Turnpike System shall be considered a "highway" as defined in G.S. -.0() and a "public vehicular area" as defined in G.S. -.0(). All law enforcement and emergency personnel, including the State Highway Patrol and the Division of Motor Vehicles, shall have the same powers and duties on the Turnpike System as on any other highway or public vehicular area. (b) Contracting. For the purposes of implementing this Article, the Authority shall solicit competitive proposals for the construction of Turnpike Projects in accordance with the provisions of Article of this Chapter. Contracts for professional engineering services and other kinds of professional or specialized services necessary in connection with construction of Turnpike Projects shall be solicited in accordance with procedures utilized by the Department of Transportation. (c) Alternative Contracting Methods. Notwithstanding the provisions of subsection (b) of this section, the Authority may authorize the use of alternative contracting methods if: () The authorization applies to an individual project; () The Authority has concluded, and documented in writing, that the alternative contracting method is necessary because the project cannot be completed utilizing the procedures of Article of this Chapter within the necessary time frame or available funding or for other reasons the Authority deems in the public interest; () The Authority has provided, to the extent possible, for the solicitation of competitive proposals prior to awarding a contract; and () The approved alternative contracting method provides for reasonable compliance with the disadvantaged business participation goals of G.S. -.. S [Filed] Page

8 General Assembly of North Carolina Session (d) Entry for Surveys. The Turnpike Authority and its employees and contractors shall have the same right of entry for surveys, borings, soundings, or examinations as granted the Department of Transportation in G.S. -. (e) Documents and Records. The diaries kept in connection with construction or repair contracts entered into by the Turnpike Authority and any analysis generated by any bid analysis and management system, including work papers, documents, and the output of automated systems associated with the analyses of bids of the Turnpike Authority, shall have the same public record status as the records of the Department of Transportation in G.S. -.. (f) Adjustment and Resolution of Turnpike Construction Claim. The provisions of G.S. - shall apply to the Turnpike Authority except that references in G.S. - to Turnpike Authority and the 'State Highway Administrator' shall be to the 'Turnpike Authority' and the 'Chief Engineer', respectively. References in G.S. - to a 'State Highway' shall be to a 'Turnpike facility.' (g) Article of Chapter of the General Statutes shall not apply to the Turnpike Authority, but as feasible, the Authority may use the services of the Department of Administration in procuring goods and services for the Authority not specific to establishing and operating toll revenue systems. (g) Article D of Chapter of the General Statutes shall not apply to the Turnpike Authority, but as feasible, the Authority may use the services of State Information Technology in procuring equipment, goods, and services not specific to establishing and operating toll revenue systems. (h) Chapter 0B of the General Statutes shall not apply to the Turnpike Authority, except as provided in G.S. -.(f)." SECTION. G.S. -0(l) reads as rewritten: "(l) The provisions of this section shall not apply to the registration of highway right-of-way plans provided for in G.S. -. G.S. -., the Turnpike Authority right-of-way plans provided for in G.S. -.A, nor to registration of roadway corridor official maps provided in Article E of Chapter." SECTION. Chapter of the General Statutes is amended by adding a new section to read: " -.A. Registration of right-of-way plans. (a) A copy of the cover sheet and plan and profile sheets of the final right-of-way plans for all Turnpike Authority projects, on those projects for which plans are prepared, under which right-of-way or other interest in real property is acquired or access is controlled shall be certified by the Turnpike Authority to the register of deeds of the county or counties within which the project is located. The Authority shall certify said plan sheets to the register of deeds within two weeks from their formal approval by the Board of Directors. (b) The copy of the plans certified to the register of deeds shall consist of a Xerox, photographic, or other permanent copy, except for plans electronically transmitted pursuant to subsection (c) of this section and shall measure approximately inches by inches including no less than one and one-half inches binding space on the left-hand side. Page S [Filed]

9 General Assembly of North Carolina Session 0 (c) With the approval of the county in which the right-of-way plans are to be filed, the Authority may transmit the plans electronically. (d) Notwithstanding any other provision of law, upon receipt of the original certified copy of the right-of-way plans, the register of deeds shall record the right-of-way plans and place the same in a book maintained for that purpose, and the register of deeds shall maintain a cross-index to the right-of-way plans by number of roads affected, if any, and by identification number. No probate before the clerk of the superior court shall be required. (e) If after the approval of said final right-of-way plans, the Board of Directors shall by resolution alter or amend said right-of-way or control of access, the Turnpike Authority, within two weeks from the adoption by the Board of Directors of the alteration or amendment, shall certify to the register of deeds in the county or counties within which the project is located a copy of the amended plan and profile sheets approved by the Board of Directors and the register of deeds shall remove the original plan sheets and record the amended plan sheets in lieu thereof. (f) The register of deeds in each county shall collect a fee from the Turnpike Authority for recording right-of-way plans and profile sheets in the amount set out in G.S. -." SECTION. Chapter of the General Statutes is amended by adding a new section to read: " -.B. Project cost estimates. All cost estimates prepared for the purpose of comparing bids shall be confidential and shall not be disclosed until after the opening of bids for a project." SECTION. Sections, and of this act become effective December, 0. The remainder of this act is effective when it becomes law. S [Filed] Page

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